Bill Text: IL SB2617 | 2017-2018 | 100th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Amends the Appraisal Management Company Registration Act. Makes changes to definitions. Provides that federally regulated appraisal management companies shall register with the Department of Financial and Professional Regulation and pay all fees associated with registering a federally regulated appraisal management company. Requires a registration to state the name of the registrant and the address of the principal office and provides that such registration is not transferable or assignable. Requires that each registrant file an annual report with the Secretary of Financial and Professional Regulation that gives relevant information regarding compliance with federal and State rules. Allows the Secretary to investigate an appraisal management company at any time. Allows the Department to set fees for appraiser panels and the national registry. Allows the Department to take disciplinary action for failure to pay appraiser panel fees or national registry fees. Allows the Department to consider an applicant's moral character when granting or denying a registration. Excludes an appraisal management company from being registered or included on the national registry list if the company is owned by a person who has had his or her appraiser license or certificate refused, denied, canceled, surrendered in lieu of revocation, or revoked. Requires that an applicant shall submit his or her fingerprints to the Department of State Police and pay all fees associated with a criminal history records background check. Allows an administrator, executor, or guardian of an appraisal management company to apply for a registration. Makes other changes. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Passed) 2018-07-13 - Public Act . . . . . . . . . 100-0604 [SB2617 Detail]

Download: Illinois-2017-SB2617-Enrolled.html

---

SB2617 Enrolled LRB100 16106 SMS 31225 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Real Estate Appraiser Licensing Act of 2002
is amended by changing Sections 1-10, 5-10, 5-15, 5-20, 5-22,
5-25, 5-55, 20-5, and 20-10 and by adding Section 5-7 as
follows:
(225 ILCS 458/1-10)
(Section scheduled to be repealed on January 1, 2022)
Sec. 1-10. Definitions. As used in this Act, unless the
context otherwise requires:
"Accredited college or university, junior college, or
community college" means a college or university, junior
college, or community college that is approved or accredited by
the Board of Higher Education, a regional or national
accreditation association, or by an accrediting agency that is
recognized by the U.S. Secretary of Education.
"Address of record" means the designated address recorded
by the Department in the applicant's or licensee's application
file or license file as maintained by the Department's
licensure maintenance unit. It is the duty of the applicant or
licensee to inform the Department of any change of address and
those changes must be made either through the Department's

SB2617 Enrolled - 2 - LRB100 16106 SMS 31225 b
website or by contacting the Department.
"Applicant" means person who applies to the Department for
a license under this Act.
"Appraisal" means (noun) the act or process of developing
an opinion of value; an opinion of value (adjective) of or
pertaining to appraising and related functions, such as
appraisal practice or appraisal services.
"Appraisal assignment" means a valuation service provided
as a consequence of an agreement between an appraiser and a
client.
"Appraisal consulting" means the act or process of
developing an analysis, recommendation, or opinion to solve a
problem, where an opinion of value is a component of the
analysis leading to the assignment results.
"Appraisal firm" means an appraisal entity that is 100%
owned and controlled by a person or persons licensed in
Illinois as a certified general real estate appraiser or a
certified residential real estate appraiser. "Appraisal firm"
does not include an appraisal management company.
"Appraisal management company" means any corporation,
limited liability company, partnership, sole proprietorship,
subsidiary, unit, or other business entity that directly or
indirectly performs the following appraisal management
services: (1) provides appraisal management services to
creditors or secondary mortgage market participants; (2)
provides appraisal management services in connection with

SB2617 Enrolled - 3 - LRB100 16106 SMS 31225 b
valuing the consumer's principal dwelling as security for a
consumer credit transaction (including consumer credit
transactions incorporated into securitizations); (3) within a
given year, oversees an appraiser panel of any size of
State-certified appraisers in Illinois; and (4) any appraisal
management company that, within a given year, oversees an
appraiser panel of 16 or more State-certified appraisers in
Illinois or 25 or more State-certified or State-licensed
appraisers in 2 or more jurisdictions shall be subject to the
appraisal management company national registry fee in addition
to the appraiser panel fee. "Appraisal management company"
includes a hybrid entity administers networks of independent
contractors or employee appraisers to perform real estate
appraisal assignments for clients; (2) receives requests for
real estate appraisal services from clients and, for a fee paid
by the client, enters into an agreement with one or more
independent appraisers to perform the real estate appraisal
services contained in the request; or (3) otherwise serves as a
third-party broker of appraisal management services between
clients and appraisers. "Appraisal management company" does
not include an appraisal firm.
"Appraisal practice" means valuation services performed by
an individual acting as an appraiser, including, but not
limited to, appraisal, appraisal review, or appraisal
consulting.
"Appraisal report" means any communication, written or

SB2617 Enrolled - 4 - LRB100 16106 SMS 31225 b
oral, of an appraisal or appraisal review that is transmitted
to a client upon completion of an assignment.
"Appraisal review" means the act or process of developing
and communicating an opinion about the quality of another
appraiser's work that was performed as part of an appraisal,
appraisal review, or appraisal assignment.
"Appraisal Subcommittee" means the Appraisal Subcommittee
of the Federal Financial Institutions Examination Council as
established by Title XI.
"Appraiser" means a person who performs real estate or real
property appraisals.
"AQB" means the Appraisal Qualifications Board of the
Appraisal Foundation.
"Associate real estate trainee appraiser" means an
entry-level appraiser who holds a license of this
classification under this Act with restrictions as to the scope
of practice in accordance with this Act.
"Board" means the Real Estate Appraisal Administration and
Disciplinary Board.
"Broker price opinion" means an estimate or analysis of the
probable selling price of a particular interest in real estate,
which may provide a varying level of detail about the
property's condition, market, and neighborhood and information
on comparable sales. The activities of a real estate broker or
managing broker engaging in the ordinary course of business as
a broker, as defined in this Section, shall not be considered a

SB2617 Enrolled - 5 - LRB100 16106 SMS 31225 b
broker price opinion if no compensation is paid to the broker
or managing broker, other than compensation based upon the sale
or rental of real estate.
"Classroom hour" means 50 minutes of instruction out of
each 60 minute segment of coursework.
"Client" means the party or parties who engage an appraiser
by employment or contract in a specific appraisal assignment.
"Comparative market analysis" is an analysis or opinion
regarding pricing, marketing, or financial aspects relating to
a specified interest or interests in real estate that may be
based upon an analysis of comparative market data, the
expertise of the real estate broker or managing broker, and
such other factors as the broker or managing broker may deem
appropriate in developing or preparing such analysis or
opinion. The activities of a real estate broker or managing
broker engaging in the ordinary course of business as a broker,
as defined in this Section, shall not be considered a
comparative market analysis if no compensation is paid to the
broker or managing broker, other than compensation based upon
the sale or rental of real estate.
"Coordinator" means the Coordinator of Real Estate
Appraisal of the Division of Professional Regulation of the
Department of Financial and Professional Regulation.
"Department" means the Department of Financial and
Professional Regulation.
"Federal financial institutions regulatory agencies" means

SB2617 Enrolled - 6 - LRB100 16106 SMS 31225 b
the Board of Governors of the Federal Reserve System, the
Federal Deposit Insurance Corporation, the Office of the
Comptroller of the Currency, the Consumer Financial Protection
Bureau, and the National Credit Union Administration.
"Federally related transaction" means any real
estate-related financial transaction in which a federal
financial institutions regulatory agency engages in, contracts
for, or regulates and requires the services of an appraiser.
"Financial institution" means any bank, savings bank,
savings and loan association, credit union, mortgage broker,
mortgage banker, licensee under the Consumer Installment Loan
Act or the Sales Finance Agency Act, or a corporate fiduciary,
subsidiary, affiliate, parent company, or holding company of
any such licensee, or any institution involved in real estate
financing that is regulated by state or federal law.
"Multi-state licensing system" means a web-based platform
that allows an applicant to submit his or her application or
license renewal application to the Department online.
"Person" means an individual, entity, sole proprietorship,
corporation, limited liability company, partnership, and joint
venture, foreign or domestic, except that when the context
otherwise requires, the term may refer to more than one
individual or other described entity.
"Real estate" means an identified parcel or tract of land,
including any improvements.
"Real estate related financial transaction" means any

SB2617 Enrolled - 7 - LRB100 16106 SMS 31225 b
transaction involving:
(1) the sale, lease, purchase, investment in, or
exchange of real property, including interests in property
or the financing thereof;
(2) the refinancing of real property or interests in
real property; and
(3) the use of real property or interest in property as
security for a loan or investment, including mortgage
backed securities.
"Real property" means the interests, benefits, and rights
inherent in the ownership of real estate.
"Secretary" means the Secretary of Financial and
Professional Regulation.
"State certified general real estate appraiser" means an
appraiser who holds a license of this classification under this
Act and such classification applies to the appraisal of all
types of real property without restrictions as to the scope of
practice.
"State certified residential real estate appraiser" means
an appraiser who holds a license of this classification under
this Act and such classification applies to the appraisal of
one to 4 units of residential real property without regard to
transaction value or complexity, but with restrictions as to
the scope of practice in a federally related transaction in
accordance with Title XI, the provisions of USPAP, criteria
established by the AQB, and further defined by rule.

SB2617 Enrolled - 8 - LRB100 16106 SMS 31225 b
"Supervising appraiser" means either (i) an appraiser who
holds a valid license under this Act as either a State
certified general real estate appraiser or a State certified
residential real estate appraiser, who co-signs an appraisal
report for an associate real estate trainee appraiser or (ii) a
State certified general real estate appraiser who holds a valid
license under this Act who co-signs an appraisal report for a
State certified residential real estate appraiser on
properties other than one to 4 units of residential real
property without regard to transaction value or complexity.
"Title XI" means Title XI of the federal Financial
Institutions Reform, Recovery and Enforcement Act of 1989.
"USPAP" means the Uniform Standards of Professional
Appraisal Practice as promulgated by the Appraisal Standards
Board pursuant to Title XI and by rule.
"Valuation services" means services pertaining to aspects
of property value.
(Source: P.A. 97-602, eff. 8-26-11; 98-1109, eff. 1-1-15.)
(225 ILCS 458/5-7 new)
Sec. 5-7. Multi-state licensing system. The Secretary may
require participation in a third-party, multi-state licensing
system for licensing under this Act. The multi-state licensing
system may share regulatory information and maintain records in
compliance with the provisions of this Act. The multi-state
licensing system may charge an applicant an administration fee.

SB2617 Enrolled - 9 - LRB100 16106 SMS 31225 b
(225 ILCS 458/5-10)
(Section scheduled to be repealed on January 1, 2022)
Sec. 5-10. Application for State certified general real
estate appraiser.
(a) Every person who desires to obtain a State certified
general real estate appraiser license shall:
(1) apply to the Department on forms provided by the
Department, or through a multi-state licensing system as
designated by the Secretary, accompanied by the required
fee;
(2) be at least 18 years of age;
(3) (blank);
(4) personally take and pass an examination authorized
by the Department and endorsed by the AQB;
(5) prior to taking the examination, provide evidence
to the Department, or through a multi-state licensing
system as designated by the Secretary, in Modular Course
format, with each module conforming to the Required Core
Curriculum established and adopted by the AQB, that he or
she has successfully completed the prerequisite classroom
hours of instruction in appraising as established by the
AQB and by rule; and
(6) prior to taking the examination, provide evidence
to the Department, or through a multi-state licensing
system as designated by the Secretary, that he or she has

SB2617 Enrolled - 10 - LRB100 16106 SMS 31225 b
successfully completed the prerequisite experience and
educational requirements in appraising as established by
AQB and by rule.
(b) Applicants must provide evidence to the Department, or
through a multi-state licensing system as designated by the
Secretary, of holding a Bachelor's degree or higher from an
accredited college or university.
(Source: P.A. 98-1109, eff. 1-1-15.)
(225 ILCS 458/5-15)
(Section scheduled to be repealed on January 1, 2022)
Sec. 5-15. Application for State certified residential
real estate appraiser. Every person who desires to obtain a
State certified residential real estate appraiser license
shall:
(1) apply to the Department on forms provided by the
Department, or through a multi-state licensing system as
designated by the Secretary, accompanied by the required
fee;
(2) be at least 18 years of age;
(3) (blank);
(4) personally take and pass an examination authorized
by the Department and endorsed by the AQB;
(5) prior to taking the examination, provide evidence
to the Department, or through a multi-state licensing
system as designated by the Secretary, in Modular Course

SB2617 Enrolled - 11 - LRB100 16106 SMS 31225 b
format, with each module conforming to the Required Core
Curriculum established and adopted by the AQB, that he or
she has successfully completed the prerequisite classroom
hours of instruction in appraising as established by the
AQB and by rule; and
(6) prior to taking the examination, provide evidence
to the Department, or through a multi-state licensing
system as designated by the Secretary, that he or she has
successfully completed the prerequisite experience and
educational requirements as established by AQB and by rule.
(Source: P.A. 100-201, eff. 8-18-17.)
(225 ILCS 458/5-20)
(Section scheduled to be repealed on January 1, 2022)
Sec. 5-20. Application for associate real estate trainee
appraiser. Every person who desires to obtain an associate real
estate trainee appraiser license shall:
(1) apply to the Department on forms provided by the
Department, or through a multi-state licensing system as
designated by the Secretary, accompanied by the required
fee;
(2) be at least 18 years of age;
(3) provide evidence of having attained a high school
diploma or completed an equivalent course of study as
determined by an examination conducted or accepted by the
Illinois State Board of Education;

SB2617 Enrolled - 12 - LRB100 16106 SMS 31225 b
(4) personally take and pass an examination authorized
by the Department; and
(5) prior to taking the examination, provide evidence
to the Department, or through a multi-state licensing
system as designated by the Secretary, that he or she has
successfully completed the prerequisite qualifying and any
conditional education requirements as established by rule.
(Source: P.A. 98-1109, eff. 1-1-15.)
(225 ILCS 458/5-22)
(Section scheduled to be repealed on January 1, 2022)
Sec. 5-22. Criminal history records check.
(a) Each applicant for licensure by examination or
restoration shall have his or her fingerprints submitted to the
Department of State Police in an electronic format that
complies with the form and manner for requesting and furnishing
criminal history record information as prescribed by the
Department of State Police. These fingerprints shall be checked
against the Department of State Police and Federal Bureau of
Investigation criminal history record databases now and
hereafter filed. The Department of State Police shall charge
applicants a fee for conducting the criminal history records
check, which shall be deposited into the State Police Services
Fund and shall not exceed the actual cost of the records check.
The Department of State Police shall furnish, pursuant to
positive identification, records of Illinois convictions to

SB2617 Enrolled - 13 - LRB100 16106 SMS 31225 b
the Department. The Department may require applicants to pay a
separate fingerprinting fee, either to the Department or to a
vendor. The Department may adopt any rules necessary to
implement this Section.
(b) The Secretary may designate a multi-state licensing
system to perform the functions described in subsection (a).
The Department may require applicants to pay a separate
fingerprinting fee, either to the Department or to the
multi-state licensing system. The Department may adopt any
rules necessary to implement this subsection.
(Source: P.A. 98-1109, eff. 1-1-15.)
(225 ILCS 458/5-25)
(Section scheduled to be repealed on January 1, 2022)
Sec. 5-25. Renewal of license.
(a) The expiration date and renewal period for a State
certified general real estate appraiser license or a State
certified residential real estate appraiser license issued
under this Act shall be set by rule. Except as otherwise
provided in subsections (b) and (f) of this Section, the holder
of a license may renew the license within 90 days preceding the
expiration date by:
(1) completing and submitting to the Department, or
through a multi-state licensing system as designated by the
Secretary, a renewal application form as provided by the
Department;

SB2617 Enrolled - 14 - LRB100 16106 SMS 31225 b
(2) paying the required fees; and
(3) providing evidence to the Department, or through a
multi-state licensing system as designated by the
Secretary, of successful completion of the continuing
education requirements through courses approved by the
Department from education providers licensed by the
Department, as established by the AQB and by rule.
(b) A State certified general real estate appraiser or
State certified residential real estate appraiser whose
license under this Act has expired may renew the license for a
period of 2 years following the expiration date by complying
with the requirements of paragraphs (1), (2), and (3) of
subsection (a) of this Section and paying any late penalties
established by rule.
(c) (Blank).
(d) The expiration date and renewal period for an associate
real estate trainee appraiser license issued under this Act
shall be set by rule. Except as otherwise provided in
subsections (e) and (f) of this Section, the holder of an
associate real estate appraiser license may renew the license
within 90 days preceding the expiration date by:
(1) completing and submitting to the Department, or
through a multi-state licensing system as designated by the
Secretary, a renewal application form as provided by the
Department;
(2) paying the required fees; and

SB2617 Enrolled - 15 - LRB100 16106 SMS 31225 b
(3) providing evidence to the Department, or through a
multi-state licensing system as designated by the
Secretary, of successful completion of the continuing
education requirements through courses approved by the
Department from education providers approved by the
Department, as established by rule.
(e) Any associate real estate appraiser trainee whose
license under this Act has expired may renew the license for a
period of 2 years following the expiration date by complying
with the requirements of paragraphs (1), (2), and (3) of
subsection (d) of this Section and paying any late penalties as
established by rule. An associate real estate trainee appraiser
license may not be renewed more than 2 times.
(f) Notwithstanding subsections (c) and (e), an appraiser
whose license under this Act has expired may renew or convert
the license without paying any lapsed renewal fees or late
penalties if the license expired while the appraiser was:
(1) on active duty with the United States Armed
Services;
(2) serving as the Coordinator of Real Estate Appraisal
or an employee of the Department who was required to
surrender his or her license during the term of employment.
Application for renewal must be made within 2 years
following the termination of the military service or related
education, training, or employment. The licensee shall furnish
the Department with an affidavit that he or she was so engaged.

SB2617 Enrolled - 16 - LRB100 16106 SMS 31225 b
(g) The Department shall provide reasonable care and due
diligence to ensure that each licensee under this Act is
provided with a renewal application at least 90 days prior to
the expiration date, but each licensee is responsible to timely
renew or convert his or her license prior to its expiration
date.
(Source: P.A. 96-844, eff. 12-23-09.)
(225 ILCS 458/5-55)
(Section scheduled to be repealed on January 1, 2022)
Sec. 5-55. Fees.
(a) The Department shall establish rules for fees to be
paid by applicants and licensees to cover the reasonable costs
of the Department in administering and enforcing the provisions
of this Act. The Department, with the advice of the Board, may
also establish rules for general fees to cover the reasonable
expenses of carrying out other functions and responsibilities
under this Act.
(b) The administration fee charged by the multi-state
licensing system shall be paid directly to the multi-state
licensing system.
(Source: P.A. 96-844, eff. 12-23-09; 97-602, eff. 8-26-11.)
(225 ILCS 458/20-5)
(Section scheduled to be repealed on January 1, 2022)
Sec. 20-5. Education providers.

SB2617 Enrolled - 17 - LRB100 16106 SMS 31225 b
(a) Beginning July 1, 2002, only education providers
licensed or otherwise approved by the Department may provide
the qualifying and continuing education courses required for
licensure under this Act.
(b) A person or entity seeking to be licensed as an
education provider under this Act shall provide satisfactory
evidence of the following:
(1) a sound financial base for establishing,
promoting, and delivering the necessary courses;
(2) a sufficient number of qualified instructors;
(3) adequate support personnel to assist with
administrative matters and technical assistance;
(4) a written policy dealing with procedures for
management of grievances and fee refunds;
(5) a qualified administrator, who is responsible for
the administration of the education provider, courses, and
the actions of the instructors; and
(6) any other requirements as provided by rule.
(c) All applicants for an education provider's license
shall make initial application to the Department on forms
provided by the Department, or through a multi-state licensing
system as designated by the Secretary, and pay the appropriate
fee as provided by rule. The term, expiration date, and renewal
of an education provider's license shall be established by
rule.
(d) An education provider shall provide each successful

SB2617 Enrolled - 18 - LRB100 16106 SMS 31225 b
course participant with a certificate of completion signed by
the school administrator. The format and content of the
certificate shall be specified by rule.
(e) All education providers shall provide to the Department
a monthly roster of all successful course participants as
provided by rule.
(Source: P.A. 98-1109, eff. 1-1-15.)
(225 ILCS 458/20-10)
(Section scheduled to be repealed on January 1, 2022)
Sec. 20-10. Course approval.
(a) Only courses offered by licensed education providers
and approved by the Department, courses approved by the AQB, or
courses approved by jurisdictions regulated by the Appraisal
Subcommittee shall be used to meet the requirements of this Act
and rules.
(b) An education provider licensed under this Act may
submit courses to the Department, or through a multi-state
licensing system as designated by the Secretary, for approval.
The criteria, requirements, and fees for courses shall be
established by rule in accordance with this Act and the
criteria established by the AQB.
(c) For each course approved, the Department shall issue a
license to the education provider. The term, expiration date,
and renewal of a course approval shall be established by rule.
(d) An education provider must use an instructor for each

SB2617 Enrolled - 19 - LRB100 16106 SMS 31225 b
course approved by the Department who (i) holds a valid real
estate appraisal license in good standing as a State certified
general real estate appraiser or a State certified residential
real estate appraiser in Illinois or any other jurisdiction
monitored by the Appraisal Subcommittee, (ii) holds a valid
teaching certificate issued by the State of Illinois, (iii) is
a faculty member in good standing with an accredited college or
university or community college, or (iv) is an approved
appraisal instructor from an appraisal organization that is a
member of the Appraisal Foundation.
(Source: P.A. 98-1109, eff. 1-1-15.)
Section 10. The Appraisal Management Company Registration
Act is amended by changing Sections 5, 10, 15, 20, 25, 35, 40,
55, 65, and 160 and by adding Sections 17, 32, 37, 43, 47, 67,
68, 163, and 177 as follows:
(225 ILCS 459/5)
Sec. 5. Findings. The General Assembly finds that: It is
the intent of the General Assembly that this Act provide for
the regulation of those persons or entities engaged as
appraisal management companies for the protection of the public
and for the maintenance of high standards of professional
conduct by those registered as appraisal management companies
in one to four family real estate transactions and to ensure
appraisal independence in the determination of real estate

SB2617 Enrolled - 20 - LRB100 16106 SMS 31225 b
valuations.
(Source: P.A. 97-602, eff. 8-26-11.)
(225 ILCS 459/10)
Sec. 10. Definitions. In this Act:
"Address of record" means the principal designated address
recorded by the Department in the applicant's or registrant's
application file or registration file maintained by the
Department's registration maintenance unit. It is the duty of
the applicant or registrant to inform the Department of any
change of address, and the changes must be made either through
the Department's website or by contacting the Department's
registration maintenance unit within a prescribed time period
as defined by rule.
"Applicant" means a person or entity who applies to the
Department for a registration under this Act.
"Appraisal" means (noun) the act or process of developing
an opinion of value; an opinion of value (adjective) of or
pertaining to appraising and related functions.
"Appraisal firm" means an appraisal entity that is 100%
owned and controlled by a person or persons licensed in
Illinois as a certified general real estate appraiser or a
certified residential real estate appraiser. An appraisal firm
does not include an appraisal management company.
"Appraisal management company" means any corporation,
limited liability company, partnership, sole proprietorship,

SB2617 Enrolled - 21 - LRB100 16106 SMS 31225 b
subsidiary, unit, or other business entity that directly or
indirectly performs the following appraisal management
services: (1) provides appraisal management services to
creditors or secondary mortgage market participants; (2)
provides appraisal management services in connection with
valuing the consumer's principal dwelling as security for a
consumer credit transaction (including consumer credit
transactions incorporated into securitizations); (3) within a
given year, oversees an appraiser panel of any size of
State-certified appraisers in Illinois; and (4) any appraisal
management company that, within a given year, oversees an
appraiser panel of 16 or more State-certified appraisers in
Illinois or 25 or more State-certified or State-licensed
appraisers in 2 or more jurisdictions shall be subject to the
appraisal management company national registry fee in addition
to the appraiser panel fee. "Appraisal management company"
includes a hybrid entity. administers networks of independent
contractors or employee appraisers to perform real estate
appraisal assignments for clients; (2) receives requests for
real estate appraisal services from clients and, for a fee paid
by the client, enters into an agreement with one or more
independent appraisers to perform the real estate appraisal
services contained in the request; or (3) otherwise serves as a
third-party broker of appraisal management services between
clients and appraisers.
"Appraisal management company national registry fee" means

SB2617 Enrolled - 22 - LRB100 16106 SMS 31225 b
the fee implemented pursuant to Title XI of the federal
Financial Institutions Reform, Recovery and Enforcement Act of
1989 for an appraiser management company's national registry.
"Appraisal management services" means one or more of the
following:
(1) recruiting, selecting, and retaining appraisers;
(2) contracting with State-certified or State-licensed
appraisers to perform appraisal assignments;
(3) managing the process of having an appraisal
performed, including providing administrative services
such as receiving appraisal orders and appraisal reports;
submitting completed appraisal reports to creditors and
secondary market participants; collecting compensation
from creditors, underwriters, or secondary market
participants for services provided; or paying appraisers
for services performed; or
(4) reviewing and verifying the work of appraisers.
"Appraiser panel" means a network, list, or roster of
licensed or certified appraisers approved by the appraisal
management company or by the end-user client to perform
appraisals for the appraisal management company. "Appraiser
panel" includes both appraisers accepted by an appraisal
management company for consideration for future appraisal
assignments and appraisers engaged by an appraisal management
company to perform one or more appraisals.
"Appraiser panel fee" means the amount collected from a

SB2617 Enrolled - 23 - LRB100 16106 SMS 31225 b
registrant that, where applicable, includes an appraisal
management company's national registry fee.
"Appraisal report" means a written appraisal by an
appraiser to a client.
"Appraisal practice service" means valuation services
performed by an individual acting as an appraiser, including,
but not limited to, appraisal, or appraisal review, or
appraisal consulting.
"Appraisal subcommittee" means the appraisal subcommittee
of the Federal Financial Institutions Examination Council as
established by Title XI.
"Appraiser" means a person who performs real estate or real
property appraisals.
"Assignment result" means an appraiser's opinions and
conclusions developed specific to an assignment.
"Audit" includes, but is not limited to, an annual or
special audit, visit, or review necessary under this Act or
required by the Secretary or the Secretary's authorized
representative in carrying out the duties and responsibilities
under this Act.
"Board" means the Real Estate Appraisal Administration and
Disciplinary Board.
"Client" means the party or parties who engage an appraiser
by employment or contract in a specific appraisal assignment.
"Controlling Person" means:
(1) an owner, officer, or director of an entity seeking

SB2617 Enrolled - 24 - LRB100 16106 SMS 31225 b
to offer appraisal management services;
(2) an individual employed, appointed, or authorized
by an appraisal management company who has the authority
to:
(A) enter into a contractual relationship with a
client for the performance of an appraisal management
service or appraisal practice service; and
(B) enter into an agreement with an appraiser for
the performance of a real estate appraisal activity; or
(3) an individual who possesses, directly or
indirectly, the power to direct or cause the direction of
the management or policies of an appraisal management
company; or .
(4) an individual who will act as the sole compliance
officer with regard to this Act and any rules adopted under
this Act.
"Coordinator" means the Coordinator of the Appraisal
Management Company Registration Unit of the Department or his
or her designee.
"Covered transaction" means a consumer credit transaction
secured by a consumer's principal dwelling.
"Department" means the Department of Financial and
Professional Regulation.
"Email address of record" means the designated email
address recorded by the Department in the applicant's
application file or the registrant's registration file

SB2617 Enrolled - 25 - LRB100 16106 SMS 31225 b
maintained by the Department's registration maintenance unit.
"Entity" means a corporation, a limited liability company,
partnership, a sole proprietorship, or other entity providing
services or holding itself out to provide services as an
appraisal management company or an appraisal management
service.
"End-user client" means any person who utilizes or engages
the services of an appraiser through an appraisal management
company.
"Federally regulated appraisal management company" means
an appraisal management company that is owned and controlled by
an insured depository institution, as defined in 12 U.S.C.
1813, or an insured credit union, as defined in 12 U.S.C. 1752,
and regulated by the Office of the Comptroller of the Currency,
the Federal Reserve Board, the National Credit Union
Association, or the Federal Deposit Insurance Corporation.
"Financial institution" means any bank, savings bank,
savings and loan association, credit union, mortgage broker,
mortgage banker, registrant under the Consumer Installment
Loan Act or the Sales Finance Agency Act, or a corporate
fiduciary, subsidiary, affiliate, parent company, or holding
company of any registrant, or any institution involved in real
estate financing that is regulated by State or federal law.
"Foreign appraisal management company" means any appraisal
management company organized under the laws of any other state
of the United States, the District of Columbia, or any other

SB2617 Enrolled - 26 - LRB100 16106 SMS 31225 b
jurisdiction of the United States.
"Hybrid entity" means an appraisal management company that
hires an appraiser as an employee to perform an appraisal and
engages an independent contractor to perform an appraisal.
"Multi-state licensing system" means a web-based platform
that allows an applicant to submit his or her application or
registration renewal to the Department online.
"Person" means individuals, entities, sole
proprietorships, corporations, limited liability companies,
and alien, foreign, or domestic partnerships, foreign or
domestic, except that when the context otherwise requires, the
term may refer to a single individual or other described
entity.
"Principal dwelling" means a residential structure that
contains one to 4 units, whether or not that structure is
attached to real property. "Principal dwelling" includes an
individual condominium unit, cooperative unit, manufactured
home, mobile home, and trailer, if it is used as a residence.
"Principal office" means the actual, physical business
address, which shall not be a post office box or a virtual
business address, of a registrant, at which (i) the Department
may contact the registrant and (ii) records required under this
Act are maintained.
"Qualified to transact business in this State" means being
in compliance with the requirements of the Business Corporation
Act of 1983.

SB2617 Enrolled - 27 - LRB100 16106 SMS 31225 b
"Quality control review" means a review of an appraisal
report for compliance and completeness, including grammatical,
typographical, or other similar errors, unrelated to
developing an opinion of value.
"Real estate" means an identified parcel or tract of land,
including any improvements.
"Real estate related financial transaction" means any
transaction involving:
(1) the sale, lease, purchase, investment in, or
exchange of real property, including interests in property
or the financing thereof;
(2) the refinancing of real property or interests in
real property; and
(3) the use of real property or interest in property as
security for a loan or investment, including mortgage
backed securities.
"Real property" means the interests, benefits, and rights
inherent in the ownership of real estate.
"Secretary" means the Secretary of Financial and
Professional Regulation.
"USPAP" means the Uniform Standards of Professional
Appraisal Practice as adopted by the Appraisal Standards Board
under Title XI.
"Valuation" means any estimate of the value of real
property in connection with a creditor's decision to provide
credit, including those values developed under a policy of a

SB2617 Enrolled - 28 - LRB100 16106 SMS 31225 b
government sponsored enterprise or by an automated valuation
model or other methodology or mechanism.
"Written notice" means a communication transmitted by mail
or by electronic means that can be verified between an
appraisal management company and a licensed or certified real
estate appraiser.
(Source: P.A. 97-602, eff. 8-26-11.)
(225 ILCS 459/15)
Sec. 15. Exemptions.
(a) Nothing in this Act shall apply to any of the
following:
(1) an agency of the federal, State, county, or
municipal government or an officer or employee of a
government agency, or person, described in this Section
when acting within the scope of employment of the officer
or employee;
(2) a corporate relocation company when the appraisal
is not used for mortgage purposes and the end user client
is an employer company;
(3) any person licensed in this State under any other
Act while engaged in the activities or practice for which
he or she is licensed;
(4) any person licensed to practice law in this State
who is working with or on behalf of a client of that person
in connection with one or more appraisals for that client;

SB2617 Enrolled - 29 - LRB100 16106 SMS 31225 b
(5) an appraiser that enters into an agreement, whether
written or otherwise, with another appraiser for the
performance of an appraisal, and upon the completion of the
appraisal, the report of the appraiser performing the
appraisal is signed by both the appraiser who completed the
appraisal and the appraiser who requested the completion of
the appraisal, except that an appraisal management company
may not avoid the requirement of registration under this
Act by requiring an employee of the appraisal management
company who is an appraiser to sign an appraisal that was
completed by another appraiser who is part of the appraisal
panel of the appraisal management company;
(6) any person acting as an agent of the Illinois
Department of Transportation in the acquisition or
relinquishment of land for transportation issues to the
extent of their contract scope; or
(7) a design professional entity when the appraisal is
not used for mortgage purposes and the end user client is
an agency of State government or a unit of local
government; .
(8) an appraiser firm whose ownership is appropriately
certified under the Real Estate Appraiser Licensing Act of
2002; or
(9) an appraisal management company solely engaged in
non-residential appraisal management services.
(b) A federally regulated appraisal management company

SB2617 Enrolled - 30 - LRB100 16106 SMS 31225 b
shall register with the Department for the sole purpose of
collecting required information for, and to pay all fees
associated with, the State of Illinois' obligation to register
the federally regulated appraisal management company with the
Appraisal Management Companies National Registry, but the
federally regulated appraisal management company is otherwise
exempt from all other provisions in this Act.
(c) In the event that the Final Interim Rule of the federal
Dodd-Frank Wall Street Reform and Consumer Protection Act
provides that an appraisal management company is a subsidiary
owned and controlled by a financial institution regulated by a
federal financial institution's regulatory agency and is
exempt from State appraisal management company registration
requirements, the Department, shall, by rule, provide for the
implementation of such an exemption.
(Source: P.A. 97-602, eff. 8-26-11.)
(225 ILCS 459/17 new)
Sec. 17. Address of record; email address of record. All
applicants and registrants shall:
(1) provide a valid address and email address to the
Department, which shall serve as the address of record and
email address of record, respectively, at the time of
application for registration or renewal of a registration;
and
(2) inform the Department of any change of address of

SB2617 Enrolled - 31 - LRB100 16106 SMS 31225 b
record or email address of record within 14 days after such
change either through the Department's website or through a
multi-state registration system as designated by the
Secretary.
(225 ILCS 459/20)
Sec. 20. Restrictions and limitations. Beginning January
1, 2012, it is unlawful for a person or entity to act or assume
to act as an appraisal management company as defined in this
Act, to engage in the business of appraisal management service,
or to advertise or hold himself or herself out to be a
registered appraisal management company without first
obtaining a registration issued by the Department under this
Act. A person or entity that violates this Section is guilty of
a Class A misdemeanor for the first offense and a Class 4
felony for second and subsequent offenses.
Persons practicing as an appraisal management company in
Illinois as of the effective date of this Act may continue to
practice as provided in this Act until the Department has
adopted rules implementing this Act. To continue practicing as
an appraisal management company after the adoption of rules,
persons shall apply for registration within 180 days after the
effective date of the rules. If an application is received
during the 180-day period, the person may continue to practice
until the Department acts to grant or deny registration. If an
application is not filed within the 180-day period, the person

SB2617 Enrolled - 32 - LRB100 16106 SMS 31225 b
must cease the practice at the conclusion of the 180-day period
and until the Department acts to grant a registration to the
person.
(Source: P.A. 97-602, eff. 8-26-11.)
(225 ILCS 459/25)
Sec. 25. Powers and duties of the Department. Subject to
the provisions of this Act:
(1) The Department may ascertain the qualifications
and fitness of applicants for registration and pass upon
the qualifications of applicants for registration.
(2) The Department may conduct hearings on proceedings
to refuse to issue or renew or to revoke registrations or
suspend, place on probation, or reprimand persons or
otherwise discipline individuals or entities subject to
this Act.
(3) The Department may adopt formulate all rules
required for the administration of this Act. With the
exception of emergency rules, any proposed rules,
amendments, second notice materials, and adopted rule or
amendment materials or policy statements concerning
appraisal management companies shall be presented to the
Real Estate Appraisal Administration and Disciplinary
Board for review and comment. The recommendations of the
Board shall be presented to the Secretary for consideration
in making final decisions.

SB2617 Enrolled - 33 - LRB100 16106 SMS 31225 b
(4) The Department may maintain rosters of the names
and addresses of all registrants, and all persons whose
registrations have been suspended, revoked, or denied
renewal for cause within the previous calendar year or
otherwise disciplined pursuant to this Act and shall
transmit the roster, along with any national registry fees
obtained by it, to the entity specified by and in a manner
consistent with Title XI of the federal Financial
Institutions Reform, Recovery, and Enforcement Act of
1989. These rosters shall be available upon written request
and payment of the required fee as established by rule.
(Source: P.A. 97-602, eff. 8-26-11.)
(225 ILCS 459/32 new)
Sec. 32. Multi-state licensing system. The Secretary may
require participation in a third-party, multi-state licensing
system for registration under this Act. The multi-state
licensing system may share regulatory information and maintain
records in compliance with the provisions of this Act. The
multi-state licensing system may charge the applicant an
administration fee.
(225 ILCS 459/35)
Sec. 35. Application for original registration.
Applications for original registration shall be made to the
Department on forms prescribed by the Department, or through a

SB2617 Enrolled - 34 - LRB100 16106 SMS 31225 b
multi-state licensing system as designated by the Secretary,
and accompanied by the required fee. All applications shall
contain the information that, in the judgment of the
Department, will enable the Department to pass on the
qualifications of the applicant to be registered to practice as
set by rule.
(Source: P.A. 97-602, eff. 8-26-11.)
(225 ILCS 459/37 new)
Sec. 37. Transferability; assignability. A registration,
when issued for an appraisal management company, shall state
the name of the registrant and the address of the principal
office. The registration is not transferable or assignable.
(225 ILCS 459/40)
Sec. 40. Qualifications for registration.
(a) The Department may issue a certification of
registration to practice under this Act to any applicant who is
qualified to do business in this State and applies to the
Department on forms provided by the Department, or through a
multi-state licensing system as designated by the Secretary,
pays the required non-refundable fees fee, is qualified to
transact business in this State, and who provides the
following:
(1) the business name of the applicant seeking
registration;

SB2617 Enrolled - 35 - LRB100 16106 SMS 31225 b
(2) the business address or addresses and contact
information of the applicant seeking registration;
(3) if the business applicant is not a corporation that
is domiciled in this State, then the name and contact
information for the company's agent for service of process
in this State;
(4) the name, address, and contact information for any
individual or any corporation, partnership, limited
liability company, association, or other business
applicant that owns 10% or more of the appraisal management
company along with a completed criminal history records
background check as required in Section 68;
(5) the name, address, and contact information for a
designated controlling person;
(6) a certification that the applicant will utilize
Illinois licensed appraisers to provide appraisal services
within the State of Illinois;
(7) a certification that the applicant has a system in
place utilizing a licensed Illinois appraiser to review the
work of all employed and independent appraisers that are
performing real estate appraisal services in Illinois for
the appraisal management company on a periodic basis,
except for a quality control review, to verify that the
real estate appraisal assignments are being conducted in
accordance with USPAP;
(8) a certification that the applicant maintains a

SB2617 Enrolled - 36 - LRB100 16106 SMS 31225 b
detailed record of each service request that it receives
and the independent appraiser that performs the real estate
appraisal services for the appraisal management company;
(9) a certification that the employees of the appraisal
management company working on behalf of the appraisal
management company directly involved in providing
appraisal management services, will be appropriately
trained and familiar with the appraisal process to
completely provide appraisal management services;
(10) an irrevocable Uniform Consent to Service of
Process, under rule; and
(11) a certification that the applicant shall comply
with all other requirements of this Act and rules
established for the implementation of this Act.
(b) Applicants have 3 years from the date of application to
complete the application process. If the process has not been
completed in 3 years, the application shall be denied, the fee
shall be forfeited, and the applicant must reapply and meet the
requirements in effect at the time of reapplication.
(Source: P.A. 97-602, eff. 8-26-11.)
(225 ILCS 459/43 new)
Sec. 43. Application denial. If an application is denied,
the applicant may, within 20 days after the date of the notice
of denial, make a written request to the Secretary for a
hearing on the application, and the Secretary shall set a time

SB2617 Enrolled - 37 - LRB100 16106 SMS 31225 b
and place for the hearing. The hearing shall be set for a date
after the receipt by the Secretary of the request for hearing,
and notice of the time and place of the hearing shall be
communicated to the applicant at least 10 days before the date
of the hearing. The applicant shall pay the actual cost of
making the transcript of the hearing before the Secretary
issues his or her decision following the hearing. If, following
the hearing, the application is denied, the Secretary shall
prepare and keep on file in his or her office a written order
of denial thereof that shall contain his or her findings and
the reasons supporting the denial and shall communicate a copy
to the applicant in a manner prescribed by the Department. A
decision may be reviewed as provided in Section 135.
(225 ILCS 459/47 new)
Sec. 47. Annual report; investigation; costs. Each
registrant shall annually file a report with the Secretary for
the calendar year period from January 1 through December 31,
giving relevant information as the Secretary may reasonably
require concerning, and for the purpose of examination for
compliance with federal and State regulations, the business and
operations during the preceding fiscal year period of each
registered appraisal management company conducted by the
registrant within the State. The report shall be made under
oath and shall be in the form prescribed by rule. The Secretary
may, at any time, investigate a registrant and every person,

SB2617 Enrolled - 38 - LRB100 16106 SMS 31225 b
partnership, association, limited liability company,
corporation, or other business entity who or which is engaged
in the business of operating an appraisal management company.
For that purpose, the Secretary shall have free access to the
offices and places of business and to records of all persons,
firms, partnerships, associations, limited liability companies
and members thereof, and corporations and to the officers and
directors thereof that relate to the appraisal management
company. The investigation may be conducted in conjunction with
representatives of other State agencies or agencies of another
state or of the United States as determined by the Secretary.
The Secretary may require by subpoena the attendance of and
examine under oath all persons whose testimony he or she may
require relative to the appraisal management company, and, in
those cases, the Secretary, or a representative whom he or she
may designate, may administer oaths to all persons called as
witnesses, and the Secretary, or a representative of the
Secretary, may conduct an audit, and there shall be paid to the
Secretary for each audit a fee, to be established by rule, for
each day or part thereof for each representative designated and
required to conduct the audit.
(225 ILCS 459/55)
Sec. 55. Fees.
(a) The fees for the administration and enforcement of this
Act, including, but not limited to, original registration fees,

SB2617 Enrolled - 39 - LRB100 16106 SMS 31225 b
renewal fees, appraiser panel fees, appraiser management
company national registry fees, and restoration fees, shall be
set by the Department by rule. The fees shall not be
refundable.
(b) All fees and other moneys collected under this Act
shall be deposited in the Appraisal Administration Fund, except
as provided in subsection (d) of this Section.
(c) The Department shall establish by rule a process for
calculating, collecting, and paying appraiser panel fees and,
where applicable, appraiser management company national
registry fees in a manner consistent with Title XI of the
federal Financial Institutions Reform, Recovery, and
Enforcement Act of 1989.
(d) The administration fee charged by the multi-state
licensing system shall be paid directly to the multi-state
licensing system.
(Source: P.A. 97-602, eff. 8-26-11.)
(225 ILCS 459/65)
Sec. 65. Disciplinary actions.
(a) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action as the Department may
deem appropriate, including imposing fines not to exceed
$25,000 for each violation, with regard to any registration for
any one or combination of the following:

SB2617 Enrolled - 40 - LRB100 16106 SMS 31225 b
(1) Material misstatement in furnishing information to
the Department.
(2) Violations of this Act, or of the rules adopted
under this Act.
(3) Conviction of, or entry of a plea of guilty or nolo
contendere to any crime that is a felony under the laws of
the United States or any state or territory thereof or that
is a misdemeanor of which an essential element is
dishonesty, or any crime that is directly related to the
practice of the profession.
(4) Making any misrepresentation for the purpose of
obtaining registration or violating any provision of this
Act or the rules adopted under this Act pertaining to
advertising.
(5) Professional incompetence.
(6) Gross malpractice.
(7) Aiding or assisting another person in violating any
provision of this Act or rules adopted under this Act.
(8) Failing, within 30 days after requested, to provide
information in response to a written request made by the
Department.
(9) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(10) Discipline by another state, District of
Columbia, territory, or foreign nation, if at least one of

SB2617 Enrolled - 41 - LRB100 16106 SMS 31225 b
the grounds for the discipline is the same or substantially
equivalent to those set forth in this Section.
(11) A finding by the Department that the registrant,
after having his or her registration placed on probationary
status, has violated the terms of probation.
(12) Willfully making or filing false records or
reports in his or her practice, including, but not limited
to, false records filed with State agencies or departments.
(13) Filing false statements for collection of fees for
which services are not rendered.
(14) Practicing under a false or, except as provided by
law, an assumed name.
(15) Fraud or misrepresentation in applying for, or
procuring, a registration under this Act or in connection
with applying for renewal of a registration under this Act.
(16) Being adjudicated liable in a civil proceeding for
violation of a state or federal fair housing law.
(17) Failure to obtain or maintain the bond required
under Section 50 of this Act.
(18) Failure to pay appraiser panel fees or appraisal
management company national registry fees.
(b) The Department may refuse to issue or may suspend
without hearing as provided for in the Civil Administrative
Code the registration of any person who fails to file a return,
or to pay the tax, penalty or interest shown in a filed return,
or to pay any final assessment of the tax, penalty, or interest

SB2617 Enrolled - 42 - LRB100 16106 SMS 31225 b
as required by any tax Act administered by the Illinois
Department of Revenue, until such time as the requirements of
any such tax Act are satisfied.
(c) An appraisal management company shall not be registered
or included on the national registry if the company, in whole
or in part, directly or indirectly, is owned by a person who
has had an appraiser license or certificate refused, denied,
canceled, surrendered in lieu of revocation, or revoked under
the Real Estate Appraiser Licensing Act of 2002 or the rules
adopted under that Act, or similar discipline by another state,
the District of Columbia, a territory, a foreign nation, a
governmental agency, or an entity authorized to impose
discipline if at least one of the grounds for that discipline
is the same as or the equivalent of one of the grounds for
which a licensee may be disciplined as set forth under this
Section.
(Source: P.A. 97-602, eff. 8-26-11.)
(225 ILCS 459/67 new)
Sec. 67. Good moral character. If an applicant, or an
ownership interest of the applicant, has had a license or
registration revoked on a prior occasion, has been found to
have committed any of the practices enumerated in Section 65,
has been convicted of or entered a plea of guilty or nolo
contendere to forgery, embezzlement, obtaining money under
false pretenses, larceny, extortion, conspiracy to defraud, or

SB2617 Enrolled - 43 - LRB100 16106 SMS 31225 b
a similar offense or offenses, or has been convicted of a
felony involving moral turpitude in a court of competent
jurisdiction in this State or any other state, district, or
territory of the United States or of a foreign country, the
Department may consider the prior revocation, conduct, or
conviction in its determination of the applicant's moral
character and whether to grant the applicant's registration. In
its consideration of the prior revocation, conduct, or
conviction, the Department shall take into account the nature
of the conduct, any aggravating or extenuating circumstances,
the time elapsed since the revocation, conduct, or conviction,
the rehabilitation or restitution performed by the applicant,
and any other factors that the Department deems relevant. When
an applicant has made a false statement of material fact on his
or her application, the false statement may in itself be
sufficient grounds to revoke or refuse to issue a registration.
(225 ILCS 459/68 new)
Sec. 68. Criminal history records background check. Each
individual applicant or controlling person on behalf of a
business entity that applies for registration or restoration
shall have his or her fingerprints submitted to the Department
of State Police in an electronic format that complies with the
form and manner for requesting and furnishing criminal history
record information as prescribed by the Department of State
Police, or through a multi-state licensing system as designated

SB2617 Enrolled - 44 - LRB100 16106 SMS 31225 b
by the Secretary. These fingerprints shall be checked against
the Department of State Police and Federal Bureau of
Investigation criminal history record databases now and
hereafter filed. The Department of State Police shall charge
applicants a fee for conducting the criminal history records
background check, which shall be deposited into the State
Police Services Fund and shall not exceed the actual cost of
the criminal history records background check. The Department
of State Police shall furnish, pursuant to positive
identification, records of Illinois convictions to the
Department. The Department may require an applicant to pay a
separate fingerprinting fee, either to the Department or to a
vendor. The Department may adopt any rules necessary to
implement this Section.
(225 ILCS 459/160)
Sec. 160. Business practice provisions; standards of
practice.
(a) The Department may adopt by rule the Uniform Standards
of Professional Appraisal Practice as published from time to
time by the Appraisal Standards Board of the Appraisal
Foundation. Appraisal management companies shall not interfere
with adherence to the Uniform Standards of Professional
Appraisal Practice or the Real Estate Appraiser Act of 2002 or
a subsequent Act by individuals licensed under the respective
Acts.

SB2617 Enrolled - 45 - LRB100 16106 SMS 31225 b
(b) All payment policies from registrants under this Act to
appraisers shall be written and definitive in nature.
(c) In the event of a value dispute or a requested
reconsideration of value, the appraisal management company
shall deliver all information that supports an increase or
decrease in value to the appraiser. This information may
include, but is not limited to, additional comparable sales.
(d) Each entity registered under this Act shall designate a
controlling person who is responsible to assure that the
company operates in compliance with this Act. The company shall
file a form provided by the Department indicating the company's
designation of the controlling person and such individual's
acceptance of the responsibility. A registrant shall notify the
Department of any change in its controlling person within 30
days. Any registrant who does not comply with this subsection
(d) shall have its registration suspended under the provisions
set forth in this Act until the registrant complies with this
Section. Any individual registrant who operates as a sole
proprietorship shall be considered a designated controlling
person for the purposes of this Act.
(e) Appraisal management companies or employees of an
appraisal management company involved in a real estate
transaction who have a reasonable basis to believe that an
appraiser involved in the preparation of an appraisal for the
real estate transaction has failed to comply with the Uniform
Standards of Professional Appraisal Practice, has violated

SB2617 Enrolled - 46 - LRB100 16106 SMS 31225 b
this Act or its rules, or has otherwise engaged in unethical
conduct shall report the matter to the Department. Any
registrant, employee, or individual acting on behalf of a
registrant, acting in good faith, and not in a willful and
wanton manner, in complying with this Act by reporting the
conduct to the Department shall not, as a result of such
actions, be subject to criminal prosecution or civil damages.
(f) Appraisal management companies are required to be in
compliance with the appraisal independence standards
established under Section 129E of the federal Truth in Lending
Act, including the requirement that fee appraisers be
compensated at a customary and reasonable rate when the
appraisal management company is providing services for a
consumer credit transaction secured by the principal dwelling
of a consumer. To the extent permitted by federal law or
regulation, the Department shall formulate rules pertaining to
customary and reasonable rates of compensation for fee
appraisers. The appraisal management company must certify to
the Department that it has policies and procedures in place to
be in compliance under the Final Interim Rule of the federal
Dodd-Frank Wall Street Reform and Consumer Protection Act.
(g) No appraisal management company procuring or
facilitating an appraisal may have a direct or indirect
interest, financial or otherwise, in the real estate or the
transaction that is the subject of the appraisal, as defined by
the federal Dodd-Frank Wall Street Reform and Consumer

SB2617 Enrolled - 47 - LRB100 16106 SMS 31225 b
Protection Act, any amendments thereto, or successor acts or
other applicable provisions of federal law or regulations.
(Source: P.A. 97-602, eff. 8-26-11.)
(225 ILCS 459/163 new)
Sec. 163. Appraiser panel; annual size calculation. An
appraiser is deemed part of the appraisal management company's
appraiser panel as of the earliest date the appraisal
management company accepts the appraiser for consideration for
future appraisal assignments in covered transactions or
engages the appraiser to perform one or more appraisal
assignments on behalf of a creditor or secondary mortgage
market participant in a covered transaction, including an
affiliate of such a creditor or participant. An appraiser is
considered to be part of the appraisal management company's
appraiser panel if deemed to remain on the panel until: (1) the
date on which the appraisal management company sends written
notice to the appraiser removing the appraiser from the
appraiser panel; (2) the date the appraisal management company
receives written notice from the appraiser asking to be removed
from the appraiser panel; or (3) the date the appraisal
management company receives notice of the death or incapacity
of the appraiser. If an appraiser is removed from an appraisal
management company's appraiser panel but the appraisal
management company subsequently accepts the appraiser for
consideration for future assignments or engages the appraiser

SB2617 Enrolled - 48 - LRB100 16106 SMS 31225 b
at any time during the 12 months after the appraiser's removal,
the removal would be deemed not to have occurred and the
appraiser is deemed to have been part of the appraisal
management company's appraiser panel without interruption.
(225 ILCS 459/177 new)
Sec. 177. Administrator, executor, or guardian. If the
ownership of an appraisal management company registered under
this Act is held or contained in an estate subject to the
control and supervision of an administrator, executor, or
guardian appointed, approved, or by a court of the State of
Illinois, having jurisdiction so to do, the administrator,
executor, or guardian may, upon the entry of an order by the
court granting leave to continue the operation of the appraisal
management company, apply to the Secretary for a registration
under this Act. If the administrator, executor, or guardian
applies for an appraisal management company registration
pursuant to this Section and complies with all of the
provisions of this Act relating to the application for an
appraisal management company registration, the Secretary may
issue to the applicant an appraisal management company
registration. An appraisal management company registration
issued to an appraisal management company, for which an
application for a registration is sought under this Section, if
not previously surrendered, lapsed, or revoked, shall be
surrendered, revoked, or otherwise terminated before a

SB2617 Enrolled - 49 - LRB100 16106 SMS 31225 b
registration is issued pursuant to the application made under
this Section.
Section 99. Effective date. This Act takes effect upon
becoming law.